Privacy Policy

Background

To undertake its role primarily as Expert Witness, it is necessary for Mathieson Consulting Limited to have information regarding the parties whose financial affairs we are studying. Mathieson Consulting Ltd understands that the privacy of (i) our instructing solicitors and (ii) their clients is important to you and that you care about how your personal data is used. We respect and value the privacy of all (i) instructing solicitors, (ii) litigants in person and (iii) any other firms or individuals or other legal entities with any dealings with the Company through its role as Expert Witness. We will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

1. Information About the Company

Mathieson Consulting Limited.
A limited company registered in England and Wales under company number 6484768.
Registered address:46a Goldieslie Road, Sutton Coldfield, West Midlands, B73 5PG
Main trading address:15a Frederick Road, Edgbaston, B15 1JD
VAT number: 970 3296 11
Data Protection Officer: Carole Birch
Email address: office@mcact.co.uk
Telephone number: 0121 455 7222
Postal Address: Company Trading address
The Company is a member of the Expert Witness Institute.

2. What Does This Notice Cover?

This Privacy Information explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.

3. What is Personal Data?

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

The personal data that we use is set out in Part 5, below.

4. What Are My Rights?

Under the GDPR, you have the following rights, which we will always work to uphold:

  1. The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact the Company to find out more or to ask any questions using the details in Part 11.
  2. The right to access the personal data we hold about you. Part 10 will tell you how to do this.
  3. The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 11 to find out more.
  4. The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us using the details in Part 11 to find out more.
  5. The right to restrict (i.e. prevent) the processing of your personal data.
  6. The right to object to us using your personal data for a particular purpose or purposes.
  7. The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent in our role as Expert Witness in the area of Pensions and Divorce.
  8. Rights relating to automated decision-making and profiling. We do not use your personal data in this way.

For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 11.

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

5. What Personal Data Do You Collect?

We may collect some or all of the following personal data (this may vary according to your relationship with us):

The Company name, contact address and other contact details of Instructing Solicitors
The Name, contact address and other contact details of individuals acting as Litigant in Person
Personal information provided to us by those instructing us as Expert Witness which will be diverse in nature and may include:
  • Name
  • Addres
  • Contact Phone numbers
  • Date of Birth
  • National Insurance Number
  • Letter of Instruction
  • Completed Form E
  • Completed Form P
  • Pension scheme documentation which may include policy number and specific benefit details
  • Court Order
  • Responses to Questionnaires
  • Completed Medical Questionnaires
  • Statements of Assets and Liabilities
  • From time to time, instructing solicitors will send us other information regarding their clients, not listed above.
In Expert Witness work relating to Trusts, Negligence and Loss of Pension Rights the documentation will be diverse and may be any of the above data in respect of a Claimant/ Defendant/ Employer/Trustee/Beneficiary of a Will.

Given the diverse nature of our work and the information we may require to fulfil our role as Expert witness, the above list is not exhaustive.

Your personal data is obtained from the following third parties:

  • Instructing Solicitors
  • Litigants in person
  • Pension Scheme Administrators

6. How Do You Use My Personal Data?

Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary to enable us to fulfil our role as Expert Witness, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used for the following purposes depending on the relationship:

  • Fulfilling the role of Expert Witness.
  • Communicating with you. This may include responding to emails or calls from you.
  • Supplying you with information by email and post that you have opted-in to (you may unsubscribe or opt-out at any time.

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email, telephone or post with information on our services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.

7. How Long Will You Keep My Personal Data?

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

  • The Letter of Instruction and attaching documentation pertaining to financial information and medical information under consideration will be maintained indefinitely.
  • Any personal documentation received with a Letter of Instruction or at any time during our role as Expert Witness on a case by case basis not considered pertinent to the completion of the Role of Expert Witness, will be destroyed upon receipt.

8. How and Where Do You Store or Transfer My Personal Data?

We will only store or transfer your personal data in the UK. This means that it will be fully protected under the GDPR.

9. Do You Share My Personal Data?

We will not share any of your personal data with any third parties for any purposes, other than those where your agreement has been received and will only be shared where it is required to enable us to fulfil our role as Expert Witness.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

If any of your personal data is required by a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 8.

If any personal data is transferred outside of the EEA, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR, as explained above in Part 8.

10. How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 11. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell us everything we need to know to respond to your request as quickly as possible.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will respond to your subject access request within 14 working days of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

11. How Do I Contact You?

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details:

Contact : Carole Birch
Email address: office@mcact.co.uk.
Telephone number: 0121 455 7222.
Postal Address: 15a Frederick Road, Edgbaston, Birmingham, B15 1JD.

12. Changes to this Privacy Notice

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be made available on our website